Codes
Chapter 67
BUILDING CONSTRUCTION AND FIRE PREVENTION
§ 67-1. Purpose and Intent
§ 67-2. Definitions
§ 67-3. Code Enforcement Officer and Inspections
§ 67-4. Building Permits
§ 67-5. Construction Inspections
§ 67-6. Stop Work Orders
§ 67-7. Certificates of Occupancy and Certificates of Compliance
§ 67-8. Notification Regarding Fire or Explosions
§ 67-9. Unsafe Buildings, Structures, and equipment and Conditions of Imminent danger
§ 67-10. Operating Permits
§ 67-11. Fire safety and Property Maintenance Inspections
§ 67-12. Complaints
§ 67-13. Condition assessments of Parking Garages
§ 67-14. climatic and Geographic Design Criteria
§ 67-15. Record Keeping
§ 67-16. Program Review and Reporting
§ 67-17. Violations
§ 67-18. Fees
§ 67-19. Intermunicipal Agreements
[HISTORY: Adopted by the Board of Trustees of the Village of Windsor: Local Law #1-2023; A Local Law repealing and replacing Chapter 67 of the Village Code entitled “Building Construction and Fire Prevention.
§ 67-1. Purpose and Intent
This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Village of Windsor (“Village”). This chapter is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code, or other state law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
§ 67-2. Definitions.
In this chapter:
“Assembly Area” shall mean an area in the building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption, awaiting transportation; or similar purposes.
“Building Permit” shall mean a building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is renewed amended, or extended pursuant to any provision of this chapter.
“Certificate of Compliance” shall mean a document issued by the Village certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Village, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this chapter.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.
“Codes” shall mean the Uniform Code and Energy Code.
“Energy Code” shall mean the New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law.
“FCNYYS” shall mean the 2020 Fire Code of New York State as currently incorporated by reference in 19NYCRR Part 1225.
“Fire Safety and Property Maintenance Inspections” shall mean in inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference.
“Hazardous Production Materials” shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 3 of this chapter.
“Mobile Food Preparation Vehicles” shall mean vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.
“Operating Permit” shall mean a permit issued pursuant to section 10 of this chapter. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this chapter.
“Order to Remedy” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 17 of this chapter.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
“PMCNYS” shall mean the 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226.
“RCNYS” shall mean the 2020 Residential Code of New York State as currently incorporated by reference in 19NYCRR Part 1220.
“Repair” shall mean the reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.
“Stop Work Order” shall mean an order issued pursuant to section 6 of this chapter.
“Sugarhouse” shall mean a building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar.
“Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (d) of section 7 of this chapter.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law.
§ 67-3. Application for building permits.
A. The Office of Code Enforcement Officer is hereby created, The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter. The Code Enforcement Officer shall have the following posers and duties.
(1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits;
(3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter;
(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this chapter;
(7) to maintain records
(8) to collect fees as set by the Village Board of this Village;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Village’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. The Code Enforcement Officer shall be appointed by the Village Board of the Village of Windsor The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
C. In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Village Board of the Village of Windsor to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
D. One or more Inspectors may be appointed by the Village Board of the Village of Windsor to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the posers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement pursuant to the Executive Law and the regulations promulgated thereunder.
E. The comprensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Village Board of this Village.
§ 67-4. Building Permits.
A. Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Village.
B. Exemptions. No Building Permit shall be required for work in any of the following categories:
(1) construction or installation of one-story detached structures associated with one- or two- family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet;
(2) construction of temporary set and scenery associated with motion picture, television, and theater uses;
(3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) installation of partitions or movable cases less than 5′-9″ in height;
(5) painting, wallpapering, tiling, carpeting, or other similar finish work;
(6) installation of listed portable electrical, plumbing, hearing, ventilation or cooling equipment or appliances;
(7) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or
(8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time.
C. Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. Applications for Building Permits. Applications for a Building Permit shall be made writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and street address of any affected building or structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) at least two (2) sets of construction documents (drawings and/or specifications) which (i) describe the location, nature, extent, and scope of the proposed work; (i) show that the proposed work will conform to the applicable provisions of the Codes; (iii) show the location, construction, size, and character of all portions of the means of egress; (iv) show a representation of the building thermal envelope; (v) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (vi) show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii) include a written statement indication compliance with the Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and as applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number.
E. Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.
F. Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
G. Building Permits to be displayed. Building permits shall be fisibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new o amended Building Permit reflecting such change is issued.
I. Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
§ 67-5. Fees.
A fee may be charged for every permit issued. The amount of such shall be determined by the Village Board.
§ 67-6 Certificates of occupancy.
A certificate of occupancy shall be applied for coincident with the application for a building permit. A certificate of occupancy shall be issued by the Administrative Officer, upon completion of a structure which is erected or altered, for the occupancy of the structure and the use designated in the permit for building, provided that the structure and the premises actually comply with the provisions of the Zoning Ordinance. Said certificate shall be issued within ten (10) days after the erection or alteration shall have been approved as complying with the provisions of this Article.
§ 67-7 Alteration of nonconforming uses.
No nonconforming use shall be renewed, changed or extended until a building permit and a certificate of occupancy has been issued by the Administrative Officer.
§ 67-8 Maintenance of records.
The Administrative Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
§ 67-9. Penalties for offenses.
Any person violating any of the provisions of this Article shall be liable to a penalty set forth in Appendix C to the Code of the Village of Windsor containing the list of Fines and Penalties for the Village or imprisonment for not more than fifteen (15) days, or both.*
*Editor’s Note: Amended 9/4/2001; L.L. 5-2001
ARTICLE II
Administration and Enforcement of Standards
[Adopted during codification]
§ 67-10. Enforcement Officer.
A. There is hereby designated in the Village of Windsor a public official to be known as the Code Enforcement Officer, who shall be appointed by the Mayor of the Village of Windsor with the approval of the Board of Trustees of the Village of Windsor at a compensation to be fixed by it.
B. The official so designated shall be empowered to administer and enforce the New York State Uniform Fire Prevention and Building Code.
A. The Code Enforcement Officer of the Village of Windsor at the time of his or her appointment and throughout his or her term of office need not be an elector of the Village of Windsor so long as he or she is a resident of the County of Broome of the State of New York. *
*Editor’s Note: Amended 3/8/2002; L.L. 1-2002
§ 67-11. Acting Enforcement Officer.
In the absence of the Code Enforcement Officer, or in the case of his inability to act for any reason, the Mayor of the Village of Windsor shall have the power, with the consent of the Village Board of the Village of Windsor, to designate a person to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him by this Article.
§ 67-12. Building permits.
A. No person, firm, or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a building permit from the Code Enforcement Officer, except that no building permit shall be required for the performance of necessary repairs which are not structural in nature.**
B. Applications.
(1) Applications for a building permit may be obtained from the Office of the Village Clerk. A completed application shall be delivered to the Code Enforcement Officer and must include.
(a) The signature of the applicant or authorized agent.
(b) A description of the site on which the proposed work is to be done.
(c) A statement of the use or occupancy of all parts of the land and of the proposed building or structure.
(d) A brief description of the proposed work.
(e) The estimated cost of the proposed work with appropriate substantiation.
(f) The full name and address of the owner and the applicant and, if either is a corporation, the names and addresses of responsible officers.
(g) Three (3) sets of plans and specifications for the proposed work.
(h) The fee specified in this Article.
(i) A statement granting the applicant’s permission for the Code Enforcement Officer to enter the property and structure thereon as frequently as he deems necessary to inspect the same for the compliance with the Uniform Code.
(2) The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or is otherwise unnecessary.
C. The applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein.
D. A building permit issued pursuant to this Article shall be prominently displayed on the property or premises to which it pertains.
E. A building permit issued pursuant to this Article may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.
F. A building permit issued pursuant to this Article shall expire one (1) year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon request, be renewed for successive one-year periods, provided that the permit has not been revoked or suspended at the time the application for renewal is made, the relevant information is up to date and the renewal fee is paid.
** Editor’s Note: Amended 10/7/2003; L.L.6-2003
§ 67-13. Certificates of occupancy.
A. No building erected subject to the Uniform Code and this Article shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building which is similarly enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than thirty (30) days after the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.
B. A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to use for which it is intended. A temporary certificate of occupancy shall expire six (6) months from the date of issuance, but may be renewed an indefinite number of times.
C. No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or intended for use and upon payment of the appropriate fee.
§ 67-14. Inspections for compliance.
A. Work for which a building permit has been issued under this Article shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, and heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Officer that the work is ready for inspection and to schedule such inspection.
B. Inspection of existing buildings.
(1) Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule.
(a) All areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly and the common areas of multiple dwellings every six (6) months.
(b) All buildings or structures open to the general public: every twelve (12) months.
(c) All other buildings: every eighteen (18) months.
(2) Notwithstanding any requirements of this subsection to the contrary, no regular, periodic inspections of occupied dwelling units shall be required; however, this shall not be a limitation of inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
§ 67-15. Inspectors.
A. The inspections required by § 67-14 of this Article may be performed by the Code Enforcement Officer. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition which is in violation of the Uniform Code, found in, on or about any building. Such orders shall be served in person upon a responsible party who is set forth
in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.
B. A person subject to inspection under § 67-13 may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector who is acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer or other person whose experience and training has been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Code Enforcement Officer. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this Article.
C. If the Code Enforcement Officer is the owner of or is involved in work on the premises to be inspected or if there shall otherwise be any conflict of interest, the Town Board shall appoint a qualified individual to perform such duties.
§ 67-16. Fees.
A. Fees for building permits shall be set forth in Appendix B of the Code of the Village of Windsor containing the list of Fees and Permits for the Village for any structure being constructed, altered, improved, removed or demolished.*
B. Other fees shall be as follows:*
(1) Renewal of building permit; Fee shall be set forth in Appendix B of the Code of the Village of Windsor containing the list of Fees and Permits for the Village.
(2) Temporary certificate of occupancy; Fee shall be set forth in Appendix B of the Code of the Village of Windsor containing the list of Fees and Permits for the Village.
(3) Temporary certificate of occupancy; one hundred dollars ($100).
(4) Certificate of occupancy; no charge.
*Editor’s Note: Amended 9/4/2001; L.L. 4-2001
§ 67-17. Records and reports.
A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and rules and regulations promulgated by him with the consent of the Board of Trustees of the Village of Windsor and notices and orders issued. All such records shall be public records, open to public inspection during normal business hours.
B. The Code Enforcement Officer shall, annually, submit to the Board of Trustees of the Village of Windsor a written report and summary of all business conducted by his office, including approvals, permits and certificates issued; fee collected; orders and notices promulgated; inspections and tests made; and appeals or litigation pending or concluded.
§ 67-18. Penalties for offenses.
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. In shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of this Article or of the New York State Uniform Fire Prevention and Building Code, as well as any regulation or rule promulgated by the Code Enforcement Officer in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made thereunder shall be punishable by a fine set forth in Appendix C to the Code of the Village of Windsor containing the list of Fines and Penalties for the Village, or imprisonment not to exceed thirty (30) days, or both, and each day such violation continues shall constitute a separate violation.*
C. The Code Enforcement Officer of the Village of Windsor is hereby authorized to issue and serve an appearance ticket with respect to violation of this Article. Any such appearance ticket so issued shall be served personally.
* Editor’s Note: Amended 9/4/2001; L.L. 5-2001
§ 67-19. Abatement of violation.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts or conduct business in or about any premises and these remedies shall be in addition to penalties otherwise prescribed by law.
§ 67-20. Stop Work Orders.**
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner’s agent or the person performing the work, to suspend all building activities until the stop work order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person to whom they are directed either by delivering them personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
** Editor’s Note: Amended 9-3-2002; L.L.#3-2002